STATE v. THERRIEN

No. 86-324.

129 N.H. 765 (1987)

THE STATE OF NEW HAMPSHIRE v. ERNEST THERRIEN.

Supreme Court of New Hampshire.

October 9, 1987.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Brian T. Tucker, associate attorney general, on the brief, and T. David Plourde, assistant attorney general, orally), for the State.

James E. Duggan, appellate defender, of Concord, by brief and orally, for the defendant.


SOUTER, J.

In appealing his first degree murder conviction, the defendant argues that the Superior Court (DiClerico, J.) committed two errors: (1) in refusing to charge the jury that the defendant could not be found guilty as an accomplice for performing any act except the act of stabbing, which was the only act specified in the indictment; and (2) in failing to withdraw the first degree murder charge from the jury's consideration on the ground that the evidence...

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